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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

Their functions have been
greatly curtailed, and now amount to little more than administering
oaths, and in some cases issuing warrants and taking bail. They may join
persons in marriage, and, when specially commissioned as "trial
justices," have criminal jurisdiction over sundry petty offences.

[Sidenote: The Sheriff.]
The sheriff is elected by the people for a term of three years. He may
appoint deputies, for whom he is responsible, to assist him in his
work. He must attend all county courts, and the meetings of the county
commissioners whenever required. He must inflict, either personally
or by deputy, the sentence of the court, whether it be fine,
imprisonment, or death. He is responsible for the preservation of the
peace within the county, and to this end must pursue criminals and may
arrest disorderly persons. If he meets with resistance he may call out
the _posse comitatus_; if the resistance grows into insurrection
he may apply to the governor and obtain the aid of the state militia;
if the insurrection proves too formidable to be thus dealt with, the
governor may in his behalf apply to the president of the United States
for aid from the regular army.


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